End User License Agreement for Deckset
Please read this End User License Agreement (“EULA”) carefully before You purchase a License Key for Deckset and/or download and use Deckset. You agree to be bound by the terms of this EULA without limitation by purchasing a License Key and/or downloading and using Deckset.
Please refrain from purchasing, downloading and/or using the Application, if You do not agree to this EULA.
If You agree to this EULA in the name of a company or any other legal entity, You guarantee that You are of legal age and are properly authorized to accept the EULA in the name of such company or entity in order to form a legally binding agreement with UI.
1.1 Subject matter of this EULA is the software Deckset. Deckset enables you to turn markdown-formatted text documents into presentations. Markdown is a syntax to format plain text.
1.2 Deckset is a software for macOS. In order to Use Deckset, Your computer has to meet the system requirements as defined on deckset.com.
1.3 In this EULA the terms defined below shall have the meaning assigned to them in this clause, so long as they are spelled with a capital letter at the beginning:
- “Activate” unlocking the Full version by entering the License Key provided by UI;
- “Deckset” the software (Full and Trial versions) licensed to You by UI;
- “Full version” the license to Use Deckset;
- “License Key” a unique code provided by UI, which lets You change the Trial to a Full version or Activate the Full version by entering the code into Deckset;
- “Open Source Software” is computer software with its source code made available with a license in which the copyright holder provides the rights to study, change, and distribute Deckset to anyone and for any purpose;
- “Trial version” Deckset license for the term of 7 days to Use Deckset for the sole purpose of testing and evaluating Deckset;
- “UI” Unsigned Integer UG (haftungsbeschränkt), Kottbusser Damm 79, 10967 Berlin, Germany, email@example.com, VAT-ID: DE293796562;
- “Updates” any modified versions of, and additions to Deckset (excluding upgrades of Deckset); “Use” the access, download, install, copy or get benefits from using Deckset in accordance with the documentation available on deckset.com.
- “You” you, the final and ultimate user of Deckset or the authorized representative of a company or other legal entity that will be the final and ultimate user of Deckset, and the company or other legal entity that will be the final and ultimate user of Deckset, if applicable.
1.4 - This EULA applies to any licenses granted to You by UI for the use of Deckset.
1.5 – UI may modify this EULA from time to time. UI will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License Key.
Upon full payment of the purchase price, UI grants You a non-exclusive license to Use Deckset in accordance with this EULA in perpetuity. UI reserves all rights not expressly granted to You.
3. Permitted use and restrictions (Grant of rights)
3.1 Provided You are a natural person (and therefore not a company), You may with one license Use Deckset simultaneously on up to two computers only, provided that you own both of them. This privilege does not apply to legal persons (companies etc.). If You installed Deckset on more computers than allowed, UI would be allowed to block Your License Key entirely.
3.2 You may create one backup copy.
3.3 You may permanently leave Your purchased copy of Deckset to a third party. In this case You shall refrain from Using Deckset and delete it from your computer(s) (incl. any backup copy). You shall also bind such a third party to comply with this EULA’s terms. Splitting-up a license is not allowed.
3.4 You shall Use the Full version or Trial version in accordance with applicable laws and shall not:
- Use the Trial version on any system where the Trial version was previously Used and expired;
- rent, lease, redistribute, sublicense, make available to third parties for a fee or for free or otherwise commercially exploit Deckset;
- Use the Full version or Trial version for any unlawful or illegal activity, or to support an unlawful or illegal activity;
- delete or modify any disclaimers, warnings, copyright etc. accompanying Deckset; or
- copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of Deckset or any parts thereof, except to the extent permitted by applicable law.
3.5 UI utilizes Open Source Software licensed under the terms of the respective license(s) of the Open Source Software. You shall comply with these licenses. You can find a list with Open Source Software we integrated into Deckset in the “About Deckset” menu item.
4. Purchase price
The purchase price will be displayed during the purchase process, which is entirely handled by Paddle.com Market Ltd, 15 Bermondsey Square, SE1 3UN London, United Kingdom (hereinafter “Paddle.com”), as merchant of record.
5. Representation and Warranties
5.1 UI represents and warrants, that Deckset’s Full version has the agreed upon quality and that You can Use it without infringing upon third party rights.
5.2 UI is entitled at its own discretion to eliminate defects of the Full version by offering updates on its website. You shall not have any claims to receive updates by UI, though.
5.3 Warranty claims shall lapse two years after License Key’s reception. If You are a business person (“Kauffrau, -mann”), such claims shall lapse after one year.
6. Liability limitation
6.1 In regard to the Trial version, UI shall only be liable for intent or gross negligence.
6.2 UI’s shall be liable without limitation in case of (i) wilful intent or gross negligence, (ii) an injury of life, limb or health, (iii) a breach of contractual guarantees, or from statutes on product liability (“Produkthaftungsgesetz”).
6.3 In case of a negligent breach of contractual obligations that form the essence of the contract and which are indispensable to enable its proper performance so that You can reasonably rely on their fulfilment, UI’s liability is limited to the typical damages that were foreseeable.
6.4 Any further liability of UI is excluded.
6.5 The foregoing limitation of liability shall also apply to acts or omissions committed by UI’s employees, representatives and bodies.
7. Use of data
7.2 UI may collect and use technical data concerning Your Use of Deckset for the purpose of a needs-based design of Deckset. In this regard we collect pseudonymous information. We will not combine such information with Your payment information. This use is based on Art. 6 subara. 1 point f GDPR, while the legitimate interest is troubleshooting as well as improving Deckset.
7.4 If you send us an email or contact us by other means, UI uses Your information to process Your inquiry. This use is based on Art. 6 subara. 1 point f GDPR, while the legitimate interest is to adequately inform people having made contact with UI.
8.1 UI is entitled to terminate the Full version by blocking the License Key with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA.
8.2 Upon termination of the Full version or Trial version, You shall cease all use of Deckset and shall destroy all copies thereof.
8.3 You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
9. Governing law and disputes
9.1 This EULA shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN sales law (CISG) conflicts of law rules.
9.2 Provided that you are a business person, any dispute between UI and You shall exclusively be submitted to the competent courts of Berlin, Germany.